Forbidden Purposes: A New Path for Limiting Criminalization
Forbidden Purposes: A New Path for Limiting Criminalization Activists and scholars have often complained that the American criminal justice system makes choices about criminalization and sentences based on nefarious reasons.…
Fair Notice and Criminalizing Abortions
Fair Notice and Criminalizing Abortions The principle of legality requires that individuals receive “fair notice” of conduct that is criminal. Courts enforce this fair notice requirement through various interpretive principles…
What If Criminal Lawmaking Becomes Trustworthy?
What If Criminal Lawmaking Becomes Trustworthy? One common theoretical perspective posits that courts should assume a counter-majoritarian role in criminal law because the political process systematically disfavors the interests of…
Beyond Due Process: An Examination of the Restorative Justice Community Courts of Chicago
Beyond Due Process: An Examination of the Restorative Justice Community Courts of Chicago As American society has reckoned with the harmful effects of mass incarceration, there has been a push…
Casting a Ballot for Change: How to Overcome Jail Policy Deficiencies and the O’Brien Precedent to Expand Voting Rights for Jailed Individuals
Casting a Ballot for Change: How to Overcome Jail Policy Deficiencies and the O’Brien Precedent to Expand Voting Rights for Jailed Individuals Prior to the 2020 election, lawmakers in several…
Restorative Justice Diversion as a Structural Health Intervention in the Criminal Legal System
Restorative Justice Diversion as a Structural Health Intervention in the Criminal Legal System A new discourse at the intersection of criminal justice and public health is bringing to light how…
Are Police Officers Bayesians? Police Updating in Investigative Stops
Are Police Officers Bayesians? Police Updating in Investigative Stops Theories of rational behavior assume that actors make decisions where the benefits of their acts exceed their costs or losses. If…
Policing the Danger Narrative
Policing the Danger Narrative The clamor for police reform in the United States has reached a fever pitch. The current debate has mainly centered around questions of police function: What…
Like Putting Lipstick on a Pig: Why the History of Crime Control Should Compel the Prohibition of Incentivized Witness Testimony Under Fundamental Fairness Principles
Like Putting Lipstick on a Pig: Why the History of Crime Control Should Compel the Prohibition of Incentivized Witness Testimony Under Fundamental Fairness Principles Among Western nations, American courts remain…
Innocence is Not Enough: Illinois Certificates of Innocence & the Case of Wayne Washington
Innocence is Not Enough: Illinois Certificates of Innocence & the Case of Wayne Washington In 2008, the Illinois State Legislature found that “innocent persons who have been wrongly convicted of…
Toward a Socio-Legal Theory of Male Rape
Toward a Socio-Legal Theory of Male Rape In this Article, we attempt to formulate a new theoretical framework for the analysis of male rape, a phenomenon that has been neglected…
The Problem of Habitual Offender Laws in States with Felony Disenfranchisement
The Problem of Habitual Offender Laws in States with Felony Disenfranchisement Habitual offender laws operate to increase the sentence of an individual if that person already has a felony conviction.…